Multiple discrimination in law

The paper forms part of the project 'GenderRace - The Use of Racial Anti-Discrimination Laws: Gender and Citizenship in a Multicultural Context', funded by the EU Seventh Framework Programme, Grant Agreement - SSH7-CT-2007-217237Acknowledgement: The University of Malta would like to acknowledge its gratitude to the National Commission for the Promotion of Equality for their permission to upload this work on OAR@UoM. Further reuse of this document can be made, provided the source is acknowledged.This paper provides an introduction to the issue of multiple discrimination and the problems it presents in law. It analyses how the law in many European countries deals with cases of multiple discrimination. It will discuss the GendeRace Project, a project which aimed to evaluate the effectiveness of racial discrimination laws in a gender perspective, and some of its findings. This paper will also examine some alternative ways of addressing multiple discrimination in law and will give examples of good practice, some of which are based on the findings of the GenderRace project. The focus of the lessons that can be learned from these examples will be on the European Union level.peer-reviewe

Is Britain Fairer?: The State of Equality and Human Rights in Britain

This is our five-yearly report on equality and human rights progress in Great Britain. The report sets out our findings and the challenges for the future in the following areas: - education and learning - work, income and the economy - health and care - justice, security and the right to life - the individual and societ

Bridging the gap: an exploration of the use and impact of positive action in the UK

Despite laws in Britain permitting limited positive action initiatives to combat disadvantage faced by minority groups in employment since the mid-1970s, the subject has notoriously been a neglected and highly controversial area in the UK. Notwithstanding the potential provided by sections 158 and 159 of the Equality Act 2010, it still appears that organisations prefer to steer clear of this opportunity to address disadvantage suffered by protected groups. Whilst there is a body of work considering the theoretical importance of positive action in the UK, there is a lack of empirical exploration of the practical implications of these provisions. This paper will provide a brief overview of the theoretical context and current positive action legislative provisions within the UK. In light of this context, the early findings of a small-scale qualitative study carried out by the authors will be discussed looking at the experiences of a purposive sample of public and private employers in relation to the positive action provisions of the Equality Act 2010. Early research findings suggest that whilst there was a clear willingness and openness by employers to use of outreach measures in order to redress disadvantage, there was evident wariness regarding a move towards preferential treatment as expounded by section 159. Whilst respondents appeared to appreciate the business case for and utility of the positive action measures under section 158, there was far less enthusiasm for more direct preferential treatment, with many respondents raising serious concerns regarding this. These concerns often reflected a highly sensitive risk-based approach towards any action that could expose their organisation to the possibility of “reverse discrimination”

Learning and digital inclusion: the ELAMP project

The Electronic Learning and Mobility Project (ELAMP) was a nationally funded project by the Department for Children, Schools and Families, which ran from 2004 to 2010. The main aim of ELAMP was to improve the education of Traveller children, particularly highly mobile learners. ELAMP focussed upon the use of mobile technology and distance learning to support, enhance and extend young Travellers’ educational and vocational opportunities. This article will reflect upon the learning and technological experiences and opportunities that the ELAMP project provided for Traveller children, young people and their families. In doing so it will critically consider the value of information technology in working with Traveller communities and advancing their educational opportunities. Reviewing ELAMP work will also demonstrate how the use of mobile technology can improve educational outcomes and Traveller families’ digital inclusion. Now that the project has ended, this article will question why we are not using what we learnt from ELAMP to move forward

Narratives of ethnic identity among practitioners in community settings in the northeast of England

The increasing ethnic diversity of the UK has been mirrored by growing public awareness of multicultural issues, alongside developments in academic and government thinking. This paper explores the contested meanings around ethnic identity/ies in community settings, drawing on semi-structured interviews with staff from Children’s Centres and allied agencies conducted for a research project that examined the relationship between identity and the participation of parents/carers in services in northeast England. The research found that respondents were unclear about, especially, white ethnic identities, and commonly referred to other social categorizations, such as age, nationality, and circumstances such as mobility, when discussing service users. While in some cases this may have reflected legitimate attempts to resist overethnicizing non-ethnic phenomena, such constructions coexisted with assumptions about ethnic difference and how it might translate into service needs. These findings raise important considerations for policy and practice

The structural invisibility of outsiders: the role of migrant labour in the meat-processing industry

This article examines the role of migrant workers in meat-processing factories in the UK. Drawing on materials from mixed methods research in a number of case study towns across Wales, we explore the structural and spatial processes that position migrant workers as outsiders. While state policy and immigration controls are often presented as a way of protecting migrant workers from work-based exploitation and ensuring jobs for British workers, our research highlights that the situation ‘on the ground’ is more complex. We argue that ‘self-exploitation’ among the migrant workforce is linked to the strategies of employers and the organisation of work, and that hyper-flexible work patterns have reinforced the spatial and social invisibilities of migrant workers in this sector. While this creates problems for migrant workers, we conclude that it is beneficial to supermarkets looking to supply consumers with the regular supply of cheap food to which they have become accustomed

Establishing a meaningful human rights due diligence process for corporations : learning from experience of human rights impact assessment

The United Nations Special Representative of the Secretary-General on Business and Human Rights, Professor John Ruggie, has constructed a new international framework, which is set to become the cornerstone for all action on human rights and business at the international level. The principle of human rights due diligence (HRDD) is the central component of the corporate duty to respect human rights within that framework. This article argues that Ruggie's HRDD principle contains the majority of the core procedural elements that a reasonable human rights impact assessment (HRIA) process should incorporate. It is likely that the majority of corporations will adopt HRIA as a mechanism for meeting their due diligence responsibilities. However, in the context of the contentious debate around corporate human rights performance, the current state of the art in HRIA gives rise to concerns about the credibility and robustness of likely practice. Additional requirements are therefore essential if HRDD is to have a significant impact on corporate human rights performance – requirements in relation to transparency; external participation and verification; and independent monitoring and review

Self-affirmation reduces the socioeconomic attainment gap in schools in England

Background. Studies in the USA show that school students from some ethnic backgrounds are susceptible to stereotype threat, that this undermines their academic performance, and that a series of virtually zero-cost self-affirmation writing exercises can reduce these adverse effects. In England, however, socioeconomic status (SES) is a much stronger predictor of academic success than is ethnic background. Aims. This study investigates whether self-affirmation writing exercises can help close the SES attainment gap in England by increasing the academic performance of low-SES (but not higher-SES) school students. Sample. Our sample consisted of students aged 11-14 in a secondary school in southern England (N = 562); of these, 128 were eligible for free school meals, a proxy for low SES. Methods. Students completed three short writing exercises throughout one academic year: those randomly assigned to an affirmed condition wrote about values that were important to them, and those assigned to a control condition wrote about a neutral topic. Results. On average, the low-SES students had lower academic performance and reported experiencing more stereotype threat than their higher-SES peers. The selfaffirmation raised the academic performance of the low-SES students by 0.38 standard deviations but did not significantly affect the performance of the higher-SES students, thus reducing the SES performance gap by 62%. The self-affirmation also reduced the level of stress reported by the low-SES school students. Conclusions. The benefits of this virtually zero-cost intervention compare favorably with those of other interventions targeting the SES academic attainment gap